After the uproar over possible impacts expanded wetlands regulations could have on Chautauqua Lake over the past few weeks, no one should be surprised that state DEC officials are saying there will be no major changes to the lake.

It’s good to hear the DEC say to local and state elected officials that no major changes are expected. But we take those sugary words with a grain of salt and a warning: pay attention to both what the DEC says and, more importantly, what it does.

In 2022 Gov. Kathy Hochul signed into law historic revisions to New York’s Freshwater Wetlands Act. New York’s original Freshwater Wetlands Act was enacted in 1975 to regulate activities near larger wetlands, greater than 12.4 acres, and smaller wetlands considered to be of unusual local importance. The new wetlands law eliminates the use of older, inaccurate wetland maps and clarifies that all wetland areas greater than 12.4 acres are subject to Article 24 regulations. Freshwater wetlands are lands and submerged lands – commonly called marshes, swamps, sloughs, bogs, and flats – that support aquatic or semi-aquatic vegetation.

It is from this background that the new DEC draft wetlands regulations sprung. It’s understandable that, without open dialogue from the DEC other than news releases, people would look at the legal definitions in the proposed regulations and see major changes coming.

“The DEC officials explained that the recent Chautauqua Lake wetlands declaration, regarding the southern basin and the Burtis Bay area of the lake, occurred because the natural density of that part of the lake now falls into the description of wetlands. Ms. Barrett O’Neill especially explained, several times, that there are no wetlands being created, nor planned. The DEC stated that this is not a push-the-panic-button moment,” Randall Holcomb, Lakewood mayor, said during Monday’s Village Board meeting.

The fact the DEC isn’t proposing major changes now doesn’t mean things can’t change in the future. That’s particularly true if there is a change in leadership of DEC’s Region 9, which oversees Chautauqua County.

As we noted in this space a few week ago, Chautauqua Lake is incredibly important to Chautauqua County’s economy. The shores of Chautauqua Lake are home to about 25% of Chautauqua County’s taxable value. It’s a vital driver of both tax dollars to local governments and money that supports wide swaths of the southern Chautauqua County economy. That’s one reason why we spend so much time calling for increased investment in lake maintenance programs. And it’s a reason we’re wary of expanded wetlands designations that could result in less lake maintenance activities that both drive down land values but, just as importantly, make it harder for tourists to use the lake.

The DEC says this isn’t a push-the-panic-button situation. OK. We’ll take our collective finger off the panic button, but that button is still on our desk.

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